FACTORY MANAGER, GENERAL MANAGER, OKARA.TEXTILE, (PVT.) LTD., OKARA Versus MUFAMMAD YASIN

This is an appeal directed against the decision dated 17‑1‑1987 recorded by the learned Presiding Officer, Punjab Labour Court No.3, Lahore at Ferozewala, whereby the grievance petition of the respondent for his reinstatement in service was accepted.

2. The allegation for which the respondent was dismissed from service was of absence without leave. The leave applications were accompanied by medical certificates. The medical certificates were not accepted by the appellant on the ground that they had not been issued by the Social Security, although the doctor who had issued the same used to work in the Social Security also. Since the respondent had been applying for leave and the applications were supported by.[ medical certificates, it cannot be said that he was a wilful absentee. The appellants have not shown that the certificates were bogus. The mere fact that the certificates were not taken from Social Security was not sufficient. The respondent had to get himself treated by doctor in whom he had confidence. In these circumstances, the learned lower Court has rightly accepted the grievance petition of the respondent.

3. So far as back benefits are concerned, they were rightly allowed for the days for which the respondent remained jobless:

4. As a result the appeal fails and is dismissed in limine.

A.E./531/Lb.P Appeal dismissed.